Nervous Paulson Gets Grilled On Controversial Bank of America-Merrill Lynch Merger

A visibly nervous Henry Paulson, former US Secretary of the Treasury, testified before the Oversight and Government Reform Committee to defend his decision to harshly warn Bank of America CEO Ken Lewis that backing out of the merger with Merrill Lynch, was the best thing to save the American economy.

Though the unemployment rate is currently at 9.5% and is expected to rise, Paulson continued to affirm that if Ken Lewis were to invoke a Material Adverse Change Clause (MAC), which would stop the merger, it would have been detrimental to the economy.

In the first two hearings held to discuss the controversial merger, it was concluded that Ken Lewis must have known about the major fourth quarter losses that Merrill Lynch suffered after the shareholders voted to go ahead with the merger, which would explain his attempt to invoke a MAC clause. Rep. Dennis Kucinich (D-Ohio) asked how Paulson could shoot down the MAC clause (a legal action) and ignore the possible illegal action of Lewis’ withholding vital information from Bank of America shareholders.

“Nothing in Mr. Paulson’s testimony today justifies the Government’s decision to ignore evidence that Bank of America withheld information from its shareholders about mounting losses at Merrill Lynch before the crucial shareholder vote on December 5-- a potentially illegal action,” said Kucinich in his opening statements.

In response, all Paulson said was that he simply did not see any illegal actions.

Rep. Jim Jordan (R-Ohio) said that there is a “clear pattern of deception and intimidation” in terms of the relationships between Lewis, Paulson, the merger and U.S. Federal Reserve Chairman, Ben Bernanke.

“People need to see this situation because it sheds light on where we are headed...it is important we see what happens when you give this kind of involvement to the federal government,” said Jordan.

It was revealed during the hearing that Paulson did in fact share information about the merger with U.S. Securities and Exchange Commission Chairman, Christopher Cox and FDIC Chairman Shelia Bair. In his closing statements, Chairman Edolphus Towns (D-N.Y.) said that he will invite them to testify on their involvement with this merger after the August recess.

Bernanke Says He Did Not Threaten Bank Of America CEO

By Annie Berman -- Talk Radio News Service

In a second hearing on the merger between Bank of America and Merrill Lynch, Federal Reserve Chairman Ben Bernanke testified that he did not threaten to fire Bank of America CEO Ken Lewis if the merge was not finalized.

In his June 11, 2009 testimony, Lewis claimed that he had decided to invoke a Material Adverse Change (MAC) clause, which would have stopped the merger between Bank of America and Merrill Lynch. Based on this information, it is possible that Lewis knew about Merrill Lynch’s major losses before the merger was finalized.

Bernanke claims that he was advising, not threatening, Lewis to not invoke a MAC clause because doing so would have been bad for the economy.

“[Bank of America] was obligated to make the choice they believed was in the best interest of their shareholders and company. I did not tell Bank of America’s management that the Federal Reserve would take action against the board or management if they decided to proceed with the MAC. Moreover, I did not instruct anyone to indicate to Bank of America that the Federal Reserve would take any particular action under these circumstances,” said Bernanke in his opening statements.

Lewis confirmed in his testimony that he wanted to invoke a MAC clause, but claimed that he had no prior knowledge of the huge fourth quarter losses that Merrill Lynch suffered in 2008. The committee concluded that Lewis would not have tried to invoke a MAC clause if he did not know about Merrill Lynch’s potential losses.

In this morning’s testimony, Bernanke also claimed that he did not know about Merrill Lynch’s losses prior to the merger.

“Mr. Bernanke, your staff believed that bank of America knew about Merrill Lynch’s accelerating losses in mid November, a full month before coming to you and weeks before it’s shareholders voted to approve the merger. Those 4th quarter losses rose to over $15 billion out of the pockets of Bank of America’s shareholders… The Fed knew what Bank of America knew [about the Merrill Lynch losses],” said Rep. Dennis Kucinich (D-Ohio).

Additional hearings regarding the merger are expected to take place in July. Treasury Secretary Hank Paulson is expected to testify in these hearings.

$55 Billion in Fraud Anticipated

University of New Mexico, Talk Radio News

At the House Committee on Oversight & Government Reform Earl Devaney, chairman of the Recovery Act Transparency and Accountability Board, said that he was creating a user friendly website: http://www.doioig.gov/index.php?menuid=460&viewid=613&viewtype=PAGE , and that some reporters are already using it.

Rep. Dennis Kucinich (D-Ohio) asked Devaney for assurance that the Recovery Act funds that have gone to existing programs are being spent quickly. Devaney said that he could not provide that.

Dan Burton (R-Ind.) asked Devaney about an expected $55 billion in fraud as the Recovery Act funds go out. Devaney confirmed that about seven percent fraud is a credible estimate, and the best law enforcement can provide is zero tolerance.

Rep. Jimmy Duncan (R-Tenn.) points out that not all of the stimulus money is creating jobs, citing $40 million in his own district that went to raises, standing bills and only two new jobs.

Congressmen urge Obama to reconsider troop surge in Afghanistan

By Michael Ruhl, University of New Mexico – Talk Radio News Service

Today a league of congressmen sent a letter to President Obama asking him to reconsider his military policy in Afghanistan before committing 17,000 new troops in a surge. The letter said, “As the goals of our seven year military involvement remain troublingly unclear, we urge you to reconsider such a military escalation”. This letter came from a bipartisan group of 14 members of Congress.

Congressman Ed Whitfield (R-Ky.) said that he is “perplexed” by the president’s troop increase, considering that his administration has stated it is presently reviewing its strategy in Afghanistan. Congressman Jim McGovern (D-Mass.) said that America is getting deeper into a “war without end” and that we need an exit strategy in Afghanistan.

Both Ron Paul (R-Texas) and Dennis Kucinich (D-Ohio) expressed concern on waging an endless war in such a time of economic peril. Kucinich said what the country needs is a healthcare surge, a home ownership surge, and an employment surge.

Bush administration “is trying to privatize Wall Street gains and socialize Wall Street losses”

“A lot of the people that we represent won’t...have a job at Christmastime,” said Congressman Elija Cummings (D-Md.) at a hearing at the Domestic Policy Subcommittee of Oversight and Government Committee. The House Subcommittee met to discuss “Is Treasury Using Bailout Funds to Increase Foreclosure Prevention as Congress Intended?”

“I don’t want these [bailout] companies coming to Congress for a handout, thinking they can take the money, do whatever they want to do, get their manicures, pedicures, massages, pay $1600 a room and then come dancing back to us and say ‘give me more,’ when the American people’s tax dollars are being wasted,” said Cummings, referring to how some companies are using money from the $700 billion bailout plan to give bonuses to their employees. “The United States banking system is turning to the American taxpayer to bail them out and the administration is fully behind them. This administration wants to privatize Wall Street’s gains and socialize Wall Street’s losses,” said Cummings.

“We’ve got millions of people threatened with losing their homes...why won’t the Treasury act swiftly and forcefully to maximize assistance to homeowners...and play a significant role in modification of home loans at risk of imminent default?” asked Chairman Dennis Kucinich (D-Ohio). “The Treasury has been given almost omnipotent power, and you have unfortunately not exercised the interest of homeowners.”

“With due respect sir,” responded Neel Kashari, Interim Assistant Secretary of Treasury for Financial Stability, “if we had spend all $700 billion on loans that’d be about three million loans. There are 55 million mortgages in America...we could benefit three million directly by buying over loans or we could benefit every American by not allowing the financial system to collapse.” Kashari defended the Treasury Department’s decision to invest the bailout money in big banks in order to secure the credit market. “Many people around the country...need help,” said Kashari, “if we went out to each of the people and each of the businesses and helped them directly the $700 billion wouldn’t go far enough. We’re trying to take the $700 billion to stabilize the system as a whole...to help every American.”